Citation Nr: 21069632
Decision Date: 11/19/21	Archive Date: 11/19/21

DOCKET NO. 09-11 380A
DATE: November 19, 2021

ORDER

The appeal for entitlement to service connection for a recurrent disability manifested by shortness of breath is dismissed.  

The appeal for entitlement to a total rating for compensation purposes based on individual unemployability due to service connected disabilities (TDIU) is dismissed.  

FINDING OF FACT

In a June 2021 Appeals Satisfaction Notice, the Veteran indicated that "I have received the recent correspondence regarding the decision to grant one or more of my issues on appeal" and "based on the decision rendered, I am satisfied and wish to withdraw all remaining issues associated with this appeal."  

CONCLUSIONS OF LAW

1. The criteria for withdrawal of the appeal for service connection for a recurrent disability manifested by shortness of breath are met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.  

The criteria for withdrawal of the appeal for a TDIU have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.  

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran had active service from June 1977 to June 1995.  

Withdrawal 

In a June 2021 Appeals Satisfaction Notice, the Veteran indicated that "I have received the recent correspondence regarding the decision to grant one or more of my issues on appeal" and "based on the decision rendered, I am satisfied and wish to withdraw all remaining issues associated with this appeal."  The form expressly informed the Veteran to "please return this document if you no longer want to pursue the remaining items contained in your Statement of the Case (SOC) / Supplemental Statement of the Case (SSOC)."  The Board of Veterans' Appeals (Board) finds that the Veteran expressly withdrew the appeal from the denial of both service connection for a recurrent disability manifested by shortness of breath and a TDIU.  

A veteran or the accredited representative may withdraw a substantive appeal in writing at any time prior to the Board's promulgation of a decision.  38 C.F.R. § 19.55.  The Board finds that the Veteran has effectively withdrawn the appeal for service connection for a recurrent disability manifested by shortness of breath and a TDIU.  Therefore, the Board concludes that no allegation of fact or law remains as to those issues and the appeal must be dismissed.  38 U.S.C. § 7105.

 

 

J. T. HUTCHESON

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Macek, M. A.

The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.